End is near for Tustin legal battle

The multipurpose building at the new Heritage School on the former Tustin Marine Corps Air Station. FILE PHOTO: MARK RIGHTMIRE, ORANGE COUNTY REGISTER

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Tustin residents, teachers and dignitaries attended the dedication and community open house of the Tustin High School science center. The two-story facility features 15 classrooms, including biology, chemistry, and physics labs; earth science and physical science classrooms; and restrooms, storage and prep rooms. ROSE PALMISANO, ORANGE COUNTY REGISTER

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A playground for younger students at the Heritage School on the former Tustin Marine Corps Air Station. FILE PHOTO: MARK RIGHTMIRE, ORANGE COUNTY REGISTER

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Mary Jane Reta explores one of the science classrooms during Tustin High School's dedication and open house for the new science center. ROSE PALMISANO, ORANGE COUNTY REGISTER

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Tustin residents, teachers and dignitaries attended the dedication and community open house for the Tustin High School science center. ROSE PALMISANO, ORANGE COUNTY REGISTER

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Heritage School in Tustin on the former Marine Corps Air Station, shown in late 2011. FILE PHOTO: MARK RIGHTMIRE, ORANGE COUNTY REGISTER

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Biology teacher Alan Liu says his classroom is equipped with Wi-Fi, electrical outlets, sinks, a separate lecture area and plenty of space for students to do their work. ROSE PALMISANO, ORANGE COUNTY REGISTER

What happened with Heritage School?

Tustin Unified decided to temporarily use Heritage School, a planned elementary school on the former Tustin Marine base, to house its continuation and adult schools as well as some district staff while construction is ongoing on their former locations.

The city sued the district in August 2011 because of the move, contending that the district should have examined environmental impacts before building the $12 million campus. City representatives said at the time that the suit was filed to protect property values on the former base.

A Riverside Superior Court Judge ruled in July that the district did nothing wrong in moving students and staff to the empty 10-acre Heritage School campus at 15400 Lansdowne Road.

District representatives have said that when enough elementary age children are living on the former base, Heritage School will open as an elementary school.

Nearly three years after the first lawsuit was filed, a legal battle between Tustin Unified and the city of Tustin could be close to resolution.

The trial resolution will determine if Tustin Unified School District needs city approval for construction on school campuses.

A settlement is still possible, though the two public entities are set to go to trial Monday. The trial has been postponed four times, beginning in December 2010. The most recent trial date was July 17, which was continued to Jan. 28.

So far, the city has spent $774,625 on this lawsuit, said Kane Thuyen, an attorney representing the city.

Tustin Unified did not provide an updated legal cost by publication time. According to figures dated through Oct. 31, 2011, Tustin Unified spent at least $770,113.

The district's legal fees have not increased significantly since then, said Matthew Fletcher, an attorney representing Tustin Unified.

Officials on both sides declined to comment on case details ahead of the trial.

"It's unfortunate, and it'll be nice one way or the other to get this resolved," said Councilman John Nielsen.

Opening arguments are expected to happen Wednesday, Fletcher said.

SETTLING OUT OF COURT

Both sides are still negotiating, and it's possible the two could come to an agreement before the court date. Officials have declined to comment on the likelihood of an agreement.

"As in all cases I handle, there's always a chance," Fletcher said.

Two new people joined the Tustin City Council, which could make a difference when the lawsuit comes to a head.

During campaign season, all the candidates agreed the matter should be solved as quickly as possible. Since then, council members Chuck Puckett and Allan Bernstein have been sworn in, and John Nielsen made the move from mayor to councilman.

"Everybody is hoping it can be wrapped up in terms of settlement, but those discussions continue," said city attorney David Kendig.

The Tustin School Board remains the same after the November election, with Tammie Bullard, James Laird and Francine Pace Scinto re-elected, each with about 25 percent of the vote.

WHAT'S IT ALL ABOUT?

The feud began in February 2010, when Tustin Unified filed the first lawsuit. The district alleged that the city delayed construction by requiring grading plans and fees for Heritage School on the former Tustin Marine base and at Tustin High School.

The next month, the city of Tustin countersued, asking for an end to construction on both campuses and alleging that grading permits were necessary to make sure water runoff during construction didn't cause storm drain pollution and lead to fines.

Despite the lawsuit and countersuit, the district continued building and opened the new quad at Tustin High in fall 2010.

The next summer, Heritage School was completed; the district could have lost the former base land if it didn't continue building, officials said at the time. In fall 2011, the Tustin High science center opened for classes.

Meanwhile the two sides have been building their cases, preparing for trial.

Feb. 2010: The district files lawsuit against Tustin, alleging the city is postponing construction at Heritage School and Tustin High.

March 2010: Tustin files a countersuit in an attempt to stop the construction at Heritage School and Tustin High.

Dec. 13 2010: Trial set to begin, but both parties decide to continue the trial for six months and hold settlement negotiations.

April 20, 2011: The city terminates negotiations.

April 29, 2011: A mandatory settlement conference is held at the Orange County Courthouse.

May 2, 2011: The trial is set to begin this day, but is postponed.

August 2011: The city sues over use of Heritage School.

June 2012: A judge rules in favor of Tustin Unified on the Heritage School lawsuit.

Nov. 14, 2011: The trial is set to begin this day, but is postponed again.

July 17, 2012: The trial is set to begin this day, but is postponed again to Jan. 28

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